The National Labor Code
General Provisions
Joanne L. Tobias
Instructor
Name of Decree.
This decree shall be known as the “Labor Code of the
Philippines.”
Declaration of Basic Policy
The State shall afford the protection to labor, promote full
employment, ensure equal work opportunities regardless
of sex, race or creed, and regulate the relations between
workers and employers. The state shall assure the rights
of workers to self-organization, collective bargaining,
security of tenure, and just and humane conditions of
work.
Construction in Favor of Labor
All doubts in the implementation and interpretation of this
Code, including its implementing rules and regulations,
shall be resolved in favor of labor.
Applicability
All rights and benefits granted to workers under this
Code shall, except as may otherwise be provided herein,
apply alike to workers, whether agricultural or non-
agricultural
RECRUITMENT AND PLACEMENT
OF WORKERS
Definitions
Term Definition
Worker Any member of the labor force
Recruitment and Any act of canvassing, enlisting, contracting,
placement transporting, utilizing, hiring, or procuring workers,
and include referrals, contract services, promising or
advertising for employment, locally or abroad,
whether for profit or not. Provided, that any person or
entity which, in any manner, offers or promises for a
fee, employment to two or more persons shall be
deemed engaged in recruitment and placement.
Private fee-charging Any person or entity engaged in recruitment and
employment agency placement of workers for a fee which is charged,
directly or indirectly, from the workers or employers,
or both
Definitions
Term Definition
License A document issued by the DOLE authorizing a person
or entity, from the workers or employers, or both
Private recruitment Any person or association engaged in the recruitment
entity and placement of workers, locally or overseas,
without charging, directly or indirectly, any fee from
the `workers or employers.
Authorization A document issued by the DOLE authorizing a person
or association to engage in recruitment and
placement activities as private recruitment entity
Definitions
Term Definition
Overseas Employment of worker outside the Philippines
employment
Emigrant Any person, worker or otherwise, who emigrates to a
foreign country by virtue of an immigrant visa or
resident visa permit or its equivalent in the country of
destination
Bureau of The Bureau of Employment Services shall be
Employment primarily responsible for developing and monitoring a
Services comprehensive employment program.
Definitions
Term Definition
Overseas OEDB is created to undertake, in cooperation with
Employment and relevant entities and agencies, a systematic program
Development Board for overseas employment of Filipino workers in
excess of domestic needs and protect their rights to
fair and equitable practices. It shall have the following
power and duty
Definitions
Term Definition
Ban on Direct Hiring No employer may hire a Filipino worker for overseas
employment except through the Boards and entities
authorized by the Secretary of Labor. Direct-hiring by
members of the diplomatic corps, international
organizations, and such other employers as may be
allowed by the Secretary of Labor is exempted from
this provision
Definitions
Term Definition
Foreign Service Role To provide ample protection to Filipino workers
and Participation abroad, the labor attachés, the labor reporting officers
duly assigned by the Secretary of Labor, and the
Philippine diplomatic or consular officials concerned
shall, even without prior instruction or advice from the
home office, exercise the power and duty:
1. To provide all Filipino workers within their
jurisdiction assistance on all matters arising out of
employment;
Definitions
Term Definition
Foreign Service Role 2. To ensure that Filipino workers are not exploited or
and Participation discriminated against;
3. To verify and certify as requisite to authentication that
the terms and conditions of employment in contracts
involving Filipino workers are in accordance with Labor
Code and rules and regulations of the Overseas
Employment Development Board.
4. To make continuing studies or researches and
recommendations on the various aspects of the
employment market within their jurisdiction;
5. To gather and analyze information on the employment
situation and its probable trends, and to make such
information available.
Definitions
Term Definition
Mandatory It shall be mandatory for all Filipino workers
Remittance of abroad to remit a portion of their foreign
Foreign exchange earnings to their families,
dependents, and/or beneficiaries in the
Exchange country in accordance with the rules and
Earnings regulations prescribed by the Secretary of
Labor
Regulation of Recruitment
and Placement Activities
Definitions
Article Provision
Travel Agencies Travel agencies and sales agencies of airline
Prohibited to companies are prohibited from engaging from
Recruit engaging in the business of employment and
whether for profit or not.
Citizenship Only Filipino Citizens or corporations,
Requirement partnerships or entities at least 75% of the
authorized voting capital stock of which is
owned and controlled by Filipino citizens shall
be permitted to participate in the recruitment
of workers, locally or overseas.
Definitions
Article Provision
Fees to be Paid by Any person applying with a private fee-charging
Workers employment agency for employment assistance shall
not be charged any fee until he has obtained
employment through its efforts or has actually
commenced employment. Such fee shall be always
covered with appropriate receipt clearly showing the
amount paid.
Reports on Whenever the public interest requires, the Secretary
Employment Status of Labor may direct all persons or entities within the
coverage of this Title to submit report on the status of
employment, including job vacancies, details of job
requisitions, separation from jobs, wages, other terms
and conditions and other employment data.
End of Presentation.